Litigation News

Christoper Nace, Esq. Prop 12, an amendment to the Texas constitution, was passed in 2003. Largely unbeknownst to voters, it was an amendment to the constitution because it set forth an unconstitutional mission: to limit access to a jury and damages for harm. Marketed (yes, marketed) as an amendment to stop “jackpot justice,” rampant frivolous lawsuits, and an imaginary flight of doctors fleeing the sue-happy standards, Texas pundits persuaded voters to pass the legislation. Notably, the amendment was shut down by every metropolitan city. The win was boosted by rural voters made fearful of losing the few doctors they had. …

Brian Nettles, Esq. Recently, Center for Constitutional Litigation (CCL) was hired by trial attorneys in Florida to aid in their fight to hold Minute Maid accountable for violating Florida laws, including Florida consumer protection statutes and the Florida Deceptive and Unfair Trade Practices Act. What’s the Center for Constitutional Litigation? CCL is an important group of attorneys specializing in constitutional law and consumer protection. The group actually started as the Legal Affairs Department of the American Association for Justice (AAJ). All of the attorneys writing for this blog are proud members and leaders of AAJ. CCL plays a critical role …

Tad Thomas, Esq. A national law firm has filed a class action lawsuit against the owner of 57 California nursing homes. The suit alleges that Shlomo Rechnitz and others involved hid their rap sheet of violations of nursing industry law and regulation from patients and prospective patients, ultimately misrepresenting the quality of care at facilities. It also alleges that homes were consistently understaffed and underfunded for the sake of profit. Ultimately, it says, these actions constitute fraud, unfair business practices, and violation of resident rights. Rechnitz owns Brius Management and Brius LLC, which has nursing facilities all over California, including …

Brian Nettles, Esq. Even though it’s 2014 (and not the industrial revolution), the harmful coal industry still lives on. And it continues the harm that it inflicts on our environment and our families. Murray Energy is one of the largest coal mining companies in the country. Last year, it purchased five coal mines for $3.5 billion. After donating $2.8 million in the 2012 election to conservative candidates, Murray laid off 143 workers because the company couldn’t “bleed cash.” That’s an interesting choice of words considering that Murray Energy works hard to block protections for coal miners and air quality (Public …

Chris Gilreath, Esq. The U.S. Circuit Court of Appeals in Denver (10th Circuit) just rejected Dow Chemical’s argument to throw out a 1.06 billion verdict against it. The decision is a big moment in the continuing legal battle of big corp vs consumers. The suit is a class action is against Dow and others for price fixing. Dow, the only party that hasn’t settled, was found to have fixed prices on polyurethane. Polyurethane is a chemical used in just about everything: car seats, mattresses, shoes, tennis grips, glue, automotive parts, electronics… Ruling that “artificial inflation” of prices had “class-wide” impact, …